Ordinance 2020-4375 RM1 Hotel Uses at Designated Historic Sites In North Beach - Comprehensive
Plan Regulations
ORDINANCE NO. 2020-4375
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040
COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW
PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING
CHAPTER 1, ENTITLED "RESILIENT LAND USE AND DEVELOPMENT
ELEMENT," AT POLICY RLU 1.1.5, ENTITLED "LOW DENSITY MULTI
FAMILY RESIDENTIAL (RM-1)," TO ALLOW FOR HOTELS, APARTMENT
HOTELS,AND SUITE HOTELS AT DESIGNATED HISTORIC SITES IN NORTH
BEACH;AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,
TRANSMITTAL, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to create flexibility for alcoholic beverage
establishments that are accessory to a hotel use within historic sites in the RM-1 district in North Beach;
and
WHEREAS,the proposed changes promote compatible hotel development and the preservation
of contributing structures in the RM-1 district in North Beach; and
WHEREAS, the City of Miami Beach (the"City")has determined that amending the future
land use category for the sites described herein will ensure the sustainable redevelopment of the
sites that is compatible with the built environment; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 1 of the City of Miami Beach Comprehensive Plan, entitled
"Resilient Land Use and Development Element," at Policy RLU 1.1.5, entitled "Low Density Multi
Family Residential (RM-1)," shall hereby be amended as follows:
Policy RLU 1.1.5 Low Density Multi Family Residential(RM-1)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new low density multi-family residential areas.
Uses which may be permitted: Single family detached dwellings; single family attached
dwellings, townhouse dwellings and multiple family dwellings, and hotels for properties fronting
Harding Avenue or Collins Avenue from the City Line on the north to 73rd Street on the south.
Non-conforming buildings containing non-conforming hotel uses, located on the north side
of Belle Isle, and not within a local historic district, may be reconstructed to a maximum of 50% of
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the floor area of the existing building, provided that the uses contained within the hotel are not
expanded in any way, including but not limited to, the number of hotel units and accessory food
and beverage uses, the non-conformity of the building is lessened, and required parking for the
surrounding neighborhoods with a minimum reduction of 50% of the daily trips on adjacent, two
lane, arterial roadways, and improving the resiliency of the building.
Bed and breakfast inns are permitted in RM-1 only in the Flamingo Park Historic District
and the West Avenue Bay Front Overlay District, both of which are described in the Land
Development Regulations. Residential office and suite hotel uses are permitted in the West
Avenue Bay Front Overlay District only. Hotels, apartment hotels, and suite hotels are permitted
on properties located north of Normandy Drive, having.a lot area greater than 30,000 square feet,
which are individually designated as an historic site, as described in the Land Development
Regulations.
Other uses which may be permitted are accessory uses specifically authorized in this land
use category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations, which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
*
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. CODIFICATION.
Itis the intention of the Mayor and City Commission of the City of Miami Beach,and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach, Florida,as amended. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word"ordinance"may be changed to"section"or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate state,
regional and county agencies as required by applicable law.
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SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after the state land planning agency notifies the
City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida
Statutes. !� /
PASSED AND ADOPTED this /1 day of Pal/11 6' 2020.
ATTEST: •
Dan Gelber, Mayor
Rea, E. G -nado, Cit CI-rk "B"
11
First Reading: September 16, 2020 =.114(610 01ATED
Second Reading: ctober 1 , 2 20 W.. jt
Verified By:
Thomas R. Mooney, AICP
Planning Director
APP' • 9 A Tr FORM AND
GUA FOR EXECUTION
$(.2I/Aoo
ttorney 1 Date
T:\Agenda\2020\09 September\Planning\RM1 Hotel Uses Designated Historic Sites in NB-Comp Plan-First Reading ORD.docx
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Ordinances-R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 18, 2020
5:04 p.m. Second Reading Public Hearing
SUBJECT: RM1 HOTEL USES AT DESIGNATED HISTORIC SITES IN NORTH BEACH
-COMPREHENSIVE PLAN REGULATIONS.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH
2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE
REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY
AMENDING CHAPTER 1, ENTITLED "RESILIENT LAND USE AND
DEVELOPMENT ELEMENT," AT POLICY RLU 1.1.5, ENTITLED "LOW
DENSITY MULTI FAMILY RESIDENTIAL (RM-1)," TO ALLOW FOR HOTELS,
APARTMENT HOTELS, AND SUITE HOTELS AT DESIGNATED HISTORIC
SITES IN NORTH BEACH; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
.RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On July 25, 2018, at the request of Commissioner Ricky Arriola, the City Commission referred
a discussion item to the Land Use and Development Committee (LUDC) pertaining to the
proposed designation of the International Inn at 2301 Normandy Drive (item C4K). On
September 28, 2018, the LUDC deferred the item to October 31, 2018; the item was then
deferred to February 20, 2019.At the February 20, 2019 meeting, the item was deferred to the
April 3, 2019 meeting. At the April 3, 2019 meeting, the Committee deferred the discussion to
the May 22, 2019 meeting.At the May 22, 2019 meeting, the item was deferred to the June 12,
2019 meeting.
On June 12, 2019, the LUDC discussed the item and continued it to a date certain of July 24,
2019. Additionally, the LUDC reviewed drafts of a proposed development agreement and City
Code, Comprehensive Plan, and LDR amendments. The LUDC also heard testimony from
representatives of the Police Department regarding public safety issues and related activity at
the Property and calls for service. The LUDC requested that the Owner meet with the Police
Department to address ongoing issues at the Property. Additionally, the LUDC recommended
that the proposed amendments to the LDRs be further studied, particularly as it pertained to
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required parking, as well as outdoor entertainment and outdoor bars.
Following a discussion on July 24, 2019, the LUDC recommended that the subject City Code,
Comprehensive Plan, and LDR Amendments be referred to the Planning Board, with the
following modifications:
1. Create a mechanism to permit outdoor ambient entertainment.
2. In lieu of waiving minimum parking requirements increase the maximum distance for off-site
storage of vehicles.
' On September 11, 2019, the City Commission considered the proposed Development
Agreement at First Reading (item R7D). After a lengthy discussion and based upon concerns
pertaining to the operation of the existing hotel, the City Commission deferred action on the
Development Agreement for six months.
On May 13, 2020, the owner of the International Inn made a presentation to the City
Commission, including an update on the operational and public safety issues associated with
the existing hotel. Following the presentation, the City Commission directed the administration to
schedule first reading of the proposed Development Agreement on June 24, 2020.
On June 24, 2020, the City Commission approved the Development Agreement at first reading
and referred the proposed ordinances to the Planning Board for review and recommendation
(Item R7 D). On July 29, 2020 the Development Agreement was adopted by the City
Commission.
ANALYSIS
PLANNING ANALYSIS
As noted above, the HPB has recommended in favor of the designation of the property as an
historic site. The Development Agreement contemplates certain amendments to the City Code
(specifically, at Chapter 6, entitled "Alcoholic Beverages"), the Comprehensive Plan, and the
Land Development Regulations (LDR).
The proposal herein would modify Policy RLU 1.1.5, entitled Low Density Multi Family
Residential (RM-1) of the Resilient Land Use Element of the 2040 Comprehensive Plan as
follows:
Hotels, apartment hotels. and suite hotels are permitted on properties located north of
Normandy Drive. having_ a lot area greater than 30.000 square feet. which are individually
designated as an historic site. as described in the Land Development Regulations.
The proposal would allow the existing International Inn to become a conforming use, therefore
permitting alterations to be made pursuant to the companion amendment to the LDRs.
Pursuant to the Development Agreement, if the proposed amendments are adopted, the owner
would agree to voluntarily consent to and support the designation of the International Inn as an
individual local historic site. From a sequencing standpoint, as requested by the owner, the
Development Agreement provides that the proposed amendments would be presented to the
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City Commission for adoption prior to the adoption of the Designation Ordinance.
In conclusion, the proposed amendment will allow a balanced approach to ensure the long term
economic and cultural viability of a desired historic asset. The International Inn represents an
outstanding example of post-war modem architecture and is a gateway icon into North Beach.
COMPREHENSIVE PLANNING REVIEW PROCESS
This application includes a text amendment to Policy RLU 1.1.5 in the Resilient Land Use
element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall
follow the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a public
transmittal hearing before the City Commission, after which the amendment must be transmitted
to several state agencies for a 30-day review period, and a final adoption public hearing before
the City Commission.
The amendment is effective 31-days after it is adopted if there are no appeals. In order to allow
for the above noted 30 day review period, second reading and adoption of the ordinance is
recommended to be set for November 18, 2020.
PLANNING BOARD REVIEW
On July 27, 2020 the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject ordinance was approved at first reading on September 16, 2020, with no changes.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of
a private applicant or third party. Pursuant to section 118-162(c) of the Land Development
Regulations of the City Code, amendments to the City Code require the payment of the
applicable fees in section 118-7 and Appendix A.These fees may be waived by a five-sevenths
(5/7ths)vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a
change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial
hardship of a property owner(s)or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or
homeowner's association for property owned by any such organization or association, so long
as the request demonstrates that a public purpose is achieved by enacting the applicable
amendment.
The City Manager has determined that the proposed amendment is necessary to implement
best practices in urban planning.
CONCLUSION
The administration recommends the following:
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1. In accordance with section 118-162(c) of the City Code, the City Commission waive the
applicable application fees based upon the legislation implementing best practices in urban
planning.
2. The City Commission adopt the subject ordinance.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Trackina
Planning •
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ FA ORD - Comp Plan
D Ad
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24NE I NEIGHBORS SUNDAY NOVEMBER I1010
MIAMIHERALD.COM
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ORDINANCES AMENDING THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS FOR HOTEL USES AT
DESIGNATED HISTORIC SITES IN NORTH BEACH,A LOW DENSITY MULTIFAMILY RESIDENTIAL AREA(RM-1)
NOVEMBER 18, 2020 CITY COMMISSION MEETING
As society returns to a"new-normal,"the City of Miami Beach will host a hybrid Commission meeting on November 18,2020.The Mayor and at least four Commissioners will be
physically present in a socially distanced manner at the Commission Chamber,Third Floor,City Hall, 1700 Convention Center Drive.Miami Beach,Florida.(Note that this location
is subject to change,please contact the Office of the City Clerk for possible updates.)Members of the public may comment on any item on the agenda using the Zoom platform.
Members of the public wanting to participate virtually may do so via video conferencing.To participate or provide comments virtually,the public may join the City Commission Meeting
at haps://miamibeachtl-gov.zoom.us/j/86076255237 or via telephone at 1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar ID is:86076255237v.Members of the public
wanting to virtually speak on an item'during the City Commission Meeting,must click the"raise hand"icon if using the Zoom app or press'9 on the telephone to raise their hand.
NOTICE IS HEREBY GIVEN that the following Second Readings/Public Hearings wilt be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida,
on November 18,2020 at the following times,or as soon thereafter as the matter can be heard:
5_04 a.m.Second Readina Public Hearing
RM-1 HOTEL USES AT DESIGNATED HISTORIC SITES IN NORTH BEACH-COMPREHENSIVE PLAN REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN,
PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES,BY AMENDING CHAPTER 1, ENTITLED "RESILIENT LAND USE AND
DEVELOPMENT ELEMENT,"AT POLICY RLU 1.1.5,ENTITLED'LOW DENSITY MULTI FAMILY RESIDENTIAL(RM-1),"TO ALLOW FOR HOTELS,APARTMENT HOTELS,AND SUITE
HOTELS AT DESIGNATED HISTORIC SITES IN NORTH BEACH;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.This Ordinance Is being
heard pursuant to Section 118-166 of the City's Land Development Code.Inquiries may be directed to the Planning Department at 305.673.7550.
5:05 o jri.Second Reading Public Hearing
RM-1 HOTEL USES AT DESIGNATED HISTORIC SITES IN NORTH BEACH-UDR REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,BY AMENDING
CHAPTER 142,ENTITLED'ZONING DISTRICTS AND REGULATIONS,'ARTICLE II,'DISTRICT REGULATIONS,"DIVISION 3,"RESIDENTIAL MULTI-FAMILY DISTRICTS."SUBDIVISION
II,"RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,"BY AMENDING SECTION 142-152,"MAIN PERMITTED AND PROHIBITED USES,'SECTION 142-153,"CONDITIONAL USES,"
SECTION 142-154,"ACCESSORY USES,"AND SECTION 142-155,"DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS'TO MODIFY THE DEVELOPMENT REGULATIONS
AND USE REQUIREMENTS FOR DESIGNATED HISTORIC SITES IN NORTH BEACH;BY AMENDING CHAPTER 130.ENTITLED 'OFF-STREET PARKING;ARTICLE II,'DISTRICTS:
REQUIREMENTS,'SECTION 130-32.`OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO.1,"AND 130-36,"OFF-SITE PARKING FACILITIES,'AND ARTICLE V,'FEE
IN LIEU OF PARKING PROGRAM,'SECTION 130-132,"FEE CALCULATION,"TO AMEND THE REQUIREMENTS FOR OFF SITE PARKING FACILITIES AND THE REMOVAL OF EXISTING
PARKING SPACES,WITHIN DESIGNATED HISTORIC SITES IN NORTH BEACH;AND BY AMENDING CHAPTER 6,ENTITLED'ALCOHOLIC BEVERAGES,"SECTION 6-4,ENTITLED
'LOCATION AND USE RESTRICTIONS,"TO PROVIDE FOR AN EXEMPTION FROM DISTANCE SEPARATION REQUIREMENTS FOR DESIGNATED HISTORIC SITES IN NORTH BEACH;
AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-164 of the City's Land Development
Code.Inquiries may be directed to the Planning Department at 305.673.7560.
INTERESTED PARTIES are invited to take part in this meeting or be represented by an agent. The public may submit written comments by sending an email to:
CltyClerkemiamibeachll.gov by 5:00 p.m.the day before the City Commission Meeting.Please identify the Agenda Item Number in the email subject line.Emails received will be forwarded
to the Mayor and Commissioners and will be included as a part of the meeting record.
Copies of Agenda Items are available for public inspection at:https://www.mtamibeachfl.gov/city-hall/city-clerk/agenda-archlveallain-page-21.This meeting,or any Item therein,
may be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter
considered at Its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in alternate format,sign language interpreter(five-day notice required).information on access for persons with disabilities,and/or arty accommodation to review any
document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711(Florida Relay Service).
The City Commission Meeting will be broadcast live on Miami Beach TV (MBTV), viewable on the City's website at https://www.miamibeach0.gov/government/mbty/, as
well as on Atlantic Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG.TV channel, and on social media
at https://www,facebook.com/cityofmiamibeach.
Rafael E.Granado,City Clerk
•
City of Miami Beach
Ci t y C l e r k®rn iam ib eachf 1.g ov
305.673.7411
Ad 11182020.04
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